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2 Disadvantages of delegated legislation However, there are some inherent disadvantages with delegated legislation. (a) Accountability The effect of delegated legislation is to allow unelected individuals or bodies to create law. (b) Scrutiny The overall volume of detail created by delegated legislation means that Parliament cannot scrutinise all the detail of the Act. However there are some parliamentary controls in place (see below). (c) Bulk Over 3,000 statutory instruments are passed each year which increases bureaucracy and compliance costs for businesses in the UK.
Treaties must be ratified by each nation before they become effective, this can be done either by a referendum of the people or by national parliaments passing laws. The main law-making procedures used by these institutions are – consultation, assent and co-decision, the later being the most common. Assessment focus point The Lisbon Treaty attempts to create a consitution for the EU (including a long-term presidential role) and to replace or amend previous treaties. 1 The European Parliament The members of the European Parliament are directly elected by the public from their constituencies and serve five year terms.
Question Secondary legislation Describe the three types of secondary legislation in EU law. Answer A regulation is a rule of law designed to obtain uniformity throughout the member states. It is directly applicable without the need for national legislation. A directive is issued to member states requiring them to make such changes to their own law as prescribed by the directive. A decision is binding in its entirety upon those to whom it is addressed, whether they be member states or corporate bodies.